Sch 2Matters in respect of which regulations may be made

Schedule 2 — Matters in respect of which regulations may be made

[s. 123(2)]

1. In this Schedule —

fee includes charge;

specified means specified in regulations made under section 123.

2. The fees to apply under this Act, including, without limiting sections 43, 45 and 45A of the Interpretation Act 1984, the following —

(a) subject to this Act, the time at which, or the periods for or during which, fees are to be paid;

(b) the structure of fees;

(c) the basis on which a fee is to be calculated;

(ca) when a fee submitted in respect of an application made under this Act is taken to have been received for the purposes of this Act;

(d) interest on unpaid fees;

(e) penalties for, and other consequences of, failure to pay fees, late payment of fees or underpayment of fees;

(f) recovery of fees;

(g) refunding of fees.

2A. Without limiting item 2, in the case of a works approval or licence under Part V or a licence, permit, approval or exemption under the regulations (an authorisation) —

(a) prescribing fees that are payable before or when the authorisation is granted, issued or given and fees that are payable at prescribed intervals or in prescribed circumstances during the currency of the authorisation;

(b) providing for the authorisation to cease to have effect if a fee is not paid in accordance with the regulations;

(c) prescribing fees that are payable before or when the authorisation is amended, transferred or surrendered.

3. The taking of measurements and analysis of substances and things for the purposes of this Act.

4. The conduct and methods of testing the extent and effects of an emission, the equipment to be used for the purpose of that testing, and the persons who are authorised to use that equipment.

5. The matters that may be set out in a certificate or report relating to —

(a) the taking, or results, of measurements referred to in item 3;

(b) the conduct, method, or results, of analysis referred to in item 3 or testing referred to in item 4;

(c) the equipment for such measurements, analysis or testing;

(d) the persons taking such measurements, conducting such tests or analysis or testing equipment for such measurements, analysis or testing,

and the evidential status and probative value of those matters.